DASMI RAM Vs. TILU DEVI AND ORS

JUDGEMENT

(1.) By way of instant petition, challenge has been laid to order dated 14.11.2017, passed by the learned Additional District Judge, Kullu, H.P., in CMP No. 217-VI/2016, affirming the order dated 12.6.2017, passed by the executing court below, whereby it allowed the application having been filed by the respondent No.1 Smt. Tilu Devi (JD No.3 before the executing Court) , under order 21 Rule 89 CPC and set aside the sale of land of JD No.3, made in favour of auction purchaser i.e. Dasmi Ram (present petitioner) .

(2.) Facts as emerge from the record are that the land of JD No.3 Tilu Devi was mortgaged with decree holder-Bank i.e. respondent No.2 and same was ordered to be sold on 30.7.2016, in terms of order dated 1.6.2016. After publication of sale on 30.6.2016, executing court below having called report on 17.8.2016, sold the land of JD No.3 in public auction. Present petitioner Dasmi Ram gave the highest bid of Rs. 3,71, 000/-. He also deposited the aforesaid amount with the Collector, Kullu, who vide communication dated 16.8.2016, remitted the amount to the executing court by way of draft. Subsequently, on 17.8.2016, JD No.3 filed an application under Order 21 Rule 89 CPC read with Section 151 of CPC, seeking therein permission to deposit a sum of Rs. 3,90, 000 (i.e. Rs. 3,71, 000/- sale consideration amount plus Rs.19, 000 as 5 % of purchase money before the executing Court.

(3.) Being aggrieved and dis-satisfied with the aforesaid order passed by the executing Court, present petitioner filed an appeal under Order 41 Rule 1 CPC in the Court of learned Additional District Judge, Kullu, H.P., however, fact remains that same was dismissed. In the aforesaid background, present petitioner has approached this Court in the instant proceedings, laying therein challenge to judgment dated 14.11.2017, passed by the learned Additional District Judge as well as order dated 12.6.2017, passed by the learned executing Court.